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(영문) 부산고등법원 2013.07.03 2012노218

강도

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The fact that the defendant was only the victim at the time of committing the crime as stated in the facts charged of mistake of facts or misapprehension of legal principles, the excessive form used by the defendant at the time of intimidation of the victim (the blade length 9cm, the total length 18.5cm), the age of the victim was 15 years old, the defendant showed the above excessive amount to the victim several times, and the victim is dangerous in the police and the court below as to the above circumstances.

Considering the fact that the defendant made a statement that he did not think that he would flee, the defendant has been sufficiently recognized that he threatened the victim, as stated in the facts charged, to suppress the victim's resistance, and forced the victim to take 2,000 won from the victim.

B. The sentence imposed by the court below on the grounds that the sentence of unfair sentencing (the fine of KRW 15 million) is too uneased and unreasonable.

2. Determination

A. On November 11, 201, at least 23:30 on November 23:3, 201, the Defendant discovered the victim D (15 years of age) who returned to a private teaching institute before Ulsan-gu, Ulsan-gu, Seoul-gu, and left the victim, and then taken back the transition (18.5 cm length, total length, 18.5 cm) that he was in possession of the victim, and forced the victim to take 2,000 won from the victim, by threatening the victim “I are in possession of ice,” and by threatening the victim to “I are in possession of ice,” the lower court determined that the degree of assault and intimidation in the robbery crime should be objectively against the other party’s resistance under social norms, or that the Defendant did not take the victim’s knife at the time of committing the crime (see, e.g., Supreme Court Decision 76Do1932, Aug. 24, 1976; Supreme Court Decision 2000Do384, Mar. 298, 198).